UPDATE: Reese family to get new trial, judge rules

LAS CRUCES — In a decision issued today, a federal judge gave a new trial to three members of a Deming family convicted last year of making false statements in a firearms sting.

U.S. District Court Judge Robert C. Brack granted two motions filed in December by attorneys for Rick Reese, his wife Terri Reese and their son Ryin Reese. The first had asked for a new trial because of Sixth Amendment violations; and the second had sought conditional release of the jailed family members.

In explaining his decision, Brack wrote, in part, that evidence "intentionally or negligently" suppressed by the government "could have easily altered the outcome of the trial."

In a prepared statement, the U.S. Attorney's Office said it is reviewing the order and "assessing whether it will seek to file an appeal."

A new trial date has not been set.

Doña Ana County Detention Center records show Rick Reese, 57, and Ryin Reese, 25, were still in custody as of Friday night. Terri Reese had been released last year. The Reeses had operated a gun store, where some of the alleged crimes occured.

Jason Bowles, Ryin Reese's attorney, said he was "ecstatic" when he received the email letting him know Brack had filed his decision, and it was in his client's favor.

"It really speaks of fairness in the trial process, we're just very pleased," Bowles said.

Bowles added that he expected the Reeses to post bond soon.

Advertisement

Last August, a jury convicted the Reeses of making false statements on investigation forms - all in connection to an informant and undercover federal agents posing as straw purchasers in the summer of 2011. Those four convictions came from an initial lot of 30 charges.

Just before the end of the trial, Brack granted a motion for a summary acquittal on two of the charges. He submitted the remaining 28 charges to the jury. Then on August 1 jurors returned their verdict, which included the acquittal of another son, Remington Reese.

During a Monday motion hearing, Reese family attorneys Bowles and Robert Gorence contended that the jury's decision hinged on testimony of Luna County Sheriff's deputy Alan Batts.

According to Brack's order, Batts testified in trial that Terri Reese told him an AK-47 the store sold had been recovered in Mexico. Terri Reese refuted that claim.

That disagreement was significant, Reese attorneys said, because U.S. Attorneys failed to disclose Batts was among a group of area law enforcement officers under federal investigation — information attorneys could have used to stain Batts' credibility.

Brack wrote that, at trail, U.S. Attorneys underscored the the weight of Batts' testimony by mentioning it and Batts' "supposed lack of motivation to lie" several times.

At Monday's hearing, an FBI agent testified and showed documentation that Batts called him in 2008 to say he was not involved in any misconduct.

If Batts did make that call, Brack wrote, "it may be inferred that he knew about the FBI investigation and he had a motive to curry favor with the Government by embellishing his trail testimony."

Batts, when he took the stand Monday, denied making the call to the FBI agent, fresh testimony that bolstered the defense's argument, Brack wrote.

Batts has not been charged in relation to the aforementioned federal investigation.

Brack learned of that investigation in November, nearly four months after the conclusion of the Reese trial — "the day before Thanksgiving and a four-day court closure," as Brack noted. That was when U.S. Attorneys filed a sealed motion regarding the information about Batts.

They asked Brack to review, in his chambers, then rule, without defense attorney's present, that the evidence did not have to be disclosed to defense attorneys. Brack ruled the government had to release a redacted motion about the potential impeachment evidence to Reese family attorneys.

"There is no satisfactory explanation why the United States Attorney's Office waited an additional four months to file the ... motion," Brack wrote in his order filed Monday.

A couple weeks later, the Reeses filed their motion for a new trial, arguing that the Reeses' Sixth Amendment rights had been violated.
Last year, Bowles called the firearms sting operation that led to charges against the Reeses a "government setup."

Brack also granted Rick Reese and Ryin Reese conditional release. Brack's parameters for each detained Reese include a $10,000 secured bond and travel restrictions. They are also prohibited from possessing "a firearm, destructive device, or other dangerous weapon."

James Staley may be reached at 575-541-5476. Follow him on Twitter @auguststaley

1:06 p.m. update

LAS CRUCES — A federal judge granted Friday a new trial for three members of a Deming gun dealing family convicted of making false statements in a firearms sting.

Last year, a jury convicted Rick Reese, his wife Terri Reese and their son Ryin Reese of making false statements on investigation forms — all in connection to an informant and undercover federal agents posing as straw purchasers in the summer of 2011.